Law Dictionary
	Search:

against the will Contrary to a person's wishes . Indictments use this phrase to indicate that the defendant's conduct was without the victim's consent

againstthe peace and dignity of the state A concluding phrase in an indictment, used to condemn the offending conduct generally (as opposed to the specific charge of wrongdoing contained in the body of the instrument). This phrase derives from the Law Latin contra pacem domini regis Cagainst the peace of the lord the king"), a charging phrase formerly used in indictments and in civil actions oftrespass. Cf. KING'S PEACE.

agalma (a-gal-ma). [Greek]. A figure or design on a seal.

agard (a-gahrd). [Law French]. An award. See NUL FAIT AGARD.

agarder (ah-gahr-day), vb. [Law French]. To award, adjudge, or determine; to sentence or condemn.

age A period of time; esp., a period of individual existence or the duration of a person's life . In American usage, age is stated in full years completed (so that someone 15 years ofage might actually be 15 years and several months old). State statutes define various types of ages, as shown in the subentries.

age discrimination See DISCRIMINATION.

age discrimination- Discrimination based on age. Federal law prohibits discrimination in employment against people who are age 40 or older.

Age Discrimination in Employment Act A federal law prohibiting job discrimination based on a person's age, esp. unfair and discriminatory employment decisions that negatively affect someone who is 40 years old or older. 29 USCA §§ 621-634. Passed in 1967, the Act applies to businesses with more than 20 employees and to all governmental entities. Abbr. ADEA.

age of capacity The age, usu. defined by statute as 18 years, at which a person is legally capable of agreeing to a contract, maintaining a lawsuit, or the like. A person may be authorized to make certain critical personal decisions at an earlier age than the general age of capacity, such as the decision whether to bear a child, to donate blood, to obtain treatment for sexually transmitted diseases, to marry, or to write a will. The age of capacity to write a will is typically not 18, but 14. Also termed age of majority; legal age; lawful age. See CAPACITY (2).

age of capacity- See AGE.

age of consent See AGE.

age of consent- The age, usu. defined by statute as 16 years, at which a person is legally capable of agreeing to marriage (without parental consent) or to sexual intercourse . If a person over the age of consent has sexual intercourse with a person under the age ofconsent, the older person may be prosecuted for statutory rape regardless of whether the younger person consented to the act. See statutory rape under RAPE.

age of criminal responsibility The age at which a child may be held responsible for a criminal act. In American criminal law, some state statutes allow a child as young as 7 to be held responsible (as a juvenile) for some acts. See, e.g., N.D. Cent. Code § 12.1-04-01. The minimum age for imposing adult liability is as low as 10. See, e.g., Ind. Code Ann. § 31-30-3-4(3). But in some circumstances, at least one state allows an offender to be tried as an adult at any age. See, e.g., Mich. Compo Laws Ann. § 712A.2d.

age of criminal responsibility- See AGE.

age of discretion 1. The age at which a person is considered responsible for certain acts and competent to exercise certain powers. For example, a person must be a legal adult to be eligible to serve a summons. 2. PUBERTY.

age of discretion- See AGE.

age of majority 1.The age, usu. defined by statute as 18 years, at which a person attains full legal rights, esp. civil and political rights such as the right to vote. The age of majority must be the same for men and women. In almost all states today, the age of majority is 18, but the age at which a person may legally purchase and consume alcohol is 21. Also termed lawful age; legal age. 2. See age ofcapacity. - Also termed (in both senses) full age.

age of majority- See AGE.

age of reason The age at which a person becomes able to distinguish right from wrong and is thus legally capable of committing a crime or tort. The age of reason varies from jurisdiction to jurisdiction, but 7 years is traditionally the age below which a child is conclusively presumed not to have committed a crime or tort, while 14 years is uSU. the age below which a rebuttable presumption applies. A child of 14 or older has traditionally been considered legally competent to commit a crime and therefore held accountable. With the creation of juvenile courts and their investiture of delinquency jurisdiction over children from birth to age 18, these traditional distinctions have nearly vanished. They surface from time to time in murder cases when a juvenile court considers whether to certify or transfer a very young child for trial in criminal court or when a prosecutor seeks to bypass the juvenile court by filing criminal charges against a young child.

age of- reason See AGE.

agency 1. A fiduciary relationship created by express or implied contract or by law, in which one party (the agent) may act on behalf of another party (the principal) and bind that other party by words or actions. See AUTHORITY (1). "The basic theory of the agency device is to enable a person, through the services of another, to broaden the scope of his activities and receive the product of another's efforts, paying such other for what he does but retaining for himself any net benefit resulting from the work per· formed." Harold Gill Reuschlein & William A. Gregory, The Law of Agency and Partnership § 1, at 3 (2d ed. 1990). actual agency. (1835) An agency in which the agent is in fact employed by a principal.

agency security See government security under SECURITY.

agency adjudication See ADMINISTRATIVE PROCEEDING.

agency adoption An adoption in which parental rights are terminated and legal custody is relinquished to an agency that finds and approves the adoptive parents . An agency adoption can be either public or private. In all states, adoption agencies must be licensed, and in most they are nonprofit entities. Parents who voluntarily place a child for adoption most commonly use a private agency. Cf. private adoption.

agency adoption- See ADOPTION.

agency by estoppel An agency created by operation of law and established by a principal's actions that would reasonably lead a third person to conclude that an agency exists. Also termed apparent agency; ostensible agency; agency by operation of law.

agency by necessity See agency of necessity.

agency by operation of law See agency by estoppel.

agency coupled with an interest An agency in which the agent is granted not only the power to act on behalf of a principal but also a legal interest in the estate or property involved .This type ofagency is irrevocable before the interest expires, unless the parties agree otherwise when creating the interest. The agency survives even if the principal becomes insane or dies. See power coupled with an interest under POWER (3).

Agency for Healthcare Research and Quality An agency in the U.S. Department of Health and Human Services responsible for conducting research into improving the quality of health care, reducing its cost, and broadening access to essential healthcare services.

Agency for International Development See UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.

Agency for Toxic Substances and Disease Registry An agency in the U.S. Department of Health and Human Services responsible for evaluating the impact on public health of the release of hazardous substances into the environment, for maintaining a registry of contaminated waste sites, and for conducting research on the effects of hazardous substances on human health. -Abbr. ATSDR.

agency from necessity See agency of necessity.

agency in fact An agency created voluntarily, as by a contract. Agency in fact is distinguishable from an agency relationship created by law, such as agency by estoppel.

agency jurisdiction The regulatory or adjudicative power of a government administrative agency over a subject matter or matters.

agency jurisdiction See JURISDICTION.

agency of necessity An agency arising during an emergency that necessitates the agent's acting without authorization from the principal; the relation between a person who in exigent circumstances acts in the interest of another without being authorized to do so. It is a quasi-contractual relation formed by the operation oflegal rules and not by the agreement of the parties. Also termed agency from necessity; agency by necessity. See NEGOTIORUM GESTIO.

agency records Under the Freedom ofInformation Act, documents that are created or obtained by a government agency, and that are in the agency's control at the time the information request is made. 5 USCA § 552; United States Dep't ofJustice v. Tax Analysts, 492 U.S. 136, 109 S.Ct. 2841 (1989).

agency regulation See REGULATION (3).

agency shop See SHOP.

agency shop A shop in which a union acts as an agent for the employees, regardless of their union membership. Nonunion members must pay union dues because it is presumed that any collective bargaining will benefit nonunion as well as union members.

agency-shop membership See FINANCIAL-CORE MEMBERSHIP.

agenda A list of things to be done, as items to be considered at a meeting, usu. arranged in order of consideration. Also termed calendar; calendar of business; order of business. Cf. PROGRAM (1).

agens (ay-jenz). [Latin]. 1. One who acts or does an act; an agent. Cf. PATIENS. 2. A plaintiff.

agent 1. Something that produces an effect <an intervening agent>. See CAUSE (1); ELECTRONIC AGENT. 2. One who is authorized to act for or in place of another; a representative <a professional athlete's agent>. - Also termed commissionaire. Cf. PRINCIPAL (1); EMPLOYEE. "Generally speaking, anyone can be an agent who is in fact capable of performing the functions involved. The agent normally binds not himself but his principal by the contracts he makes; it is therefore not essential that he be legally capable to contract (although his duties and liabilities to his principal might be affected by his status). Thus an infant or a lunatic may be an agent, though doubtless the court would disregard either'S attempt to act as if he were so young or so hopelessly devoid of reason as to be completely incapable of grasping the function he was attempting to perform." Floyd R. Mechem, Outlines of the Law ofAgency 8-9 (Philip Mechem ed., 4th ed. 1952). "The etymology of the word agent or agency tells us much. The words are derived from the Latin verb, ago, ague; the noun agens, agentis. The word agent denotes one who acts, a doer, force or power that accomplishes things." Harold Gill Reuschlein & William A. Gregory, The Law of Agency and Partnership § I, at 2-3 (2d ed. 1990).

agent not recognized Patents. A patent applicant's appointed agent who is not registered to practice before the U.S. Patent and Trademark Office. A power of attorney appointing an unregistered agent is void.

agent provocateur (ay-jant pra-vok-a-tar or a-zhawn praw-vaw-ka-tuur), n. 1. An undercover agent who instigates or participates in a crime, often by infiltrating a group suspected of illegal conduct, to expose and punish criminal activity. 2. A person who entraps another, or entices another to break the law, and then informs against the other as a lawbreaker.

agent s power The ability of an agent or apparent agent to act on behalf of the principal in matters connected with the agency or apparent agency.

agent's lien See LIEN.

agent's power See POWER (3).

ager (ay-jar), n. [Latin]. Roman law. Land or territory; esp., a portion of land enclosed by definite boundaries.

ager arcifinius (ay-jar ahr-si-fin-ee-as). [Latin "land having irregular boundaries; unsurveyed land"]. Roman law. Land enclosed only as a means of identification, not as a limit. PI. agri arcifinii. Cf. ager limitatus.

ager limitatus (ay-jar lim-i-tay-tas). [Latin "field limited" or "land enclosed by boundaries"]. Roman & civil law. Land with settled boundaries; esp., land whose boundaries have been fixed by a surveyor. The term applied to land belonging to the state by right of conquest, then granted and sold in individual plots. Cf. ager arcifinius. Pl. agri limitati (ag-ri lim-i-tay-ti). "The agri limitati of the Roman law were lands detached from the public domain, and converted into private property, by sale or grant, beyond the limits of which the owners could claim nothing." John Trayner, Trayner's Latin Maxims 36 (4th ed. 1894).

ager publicus (ay-jar pab-li-kas). Land of the people; public land.

aggravated adj. 1. (Of a crime) made worse or more serious by circumstances such as violence, the presence of a deadly weapon, or the intent to commit another crime <aggravated robbery>. Cf. SIMPLE (1). 2. (Of a tort) made worse or more serious by circumstances such as intention to cause harm or reckless disregard for another's safety <the defendant's negligence was aggravated by malice>. 3.(Of an injury) harmful to a part of the body previously injured or debilitated <an aggravated bone fracture>. See AGGRAVATION RULE.

aggravated arson See ARSON.

aggravated- arson Arson accompanied by some aggravating factor, as when the offender foresees or anticipates that one or more persons will be in or near the property being burned.

aggravated assault See ASSAULT.

aggravated- assault Criminal assault accompanied by circumstances that make it more severe, such as the intent to commit another crime or the intent to cause serious bodily injury, esp. by using a deadly weapon. See Model Penal Code § 211.1(2). "The common law did not include any offense known as aggravated assault: However, it did make provision for certain situations in this field, under other names. If, for example, the intended application of force to the person would have resulted In murder, mayhem, rape or robbery, if successful, and the scheme proceeded far enough to constitute an attempt the prosecution was for an attempt to commit the intended felony." Rollin M. Perkins & Ronald N. Boyce, Criminal Law 180 (3d ed. 1982).

aggravated battery See BATTERY.

aggravated battery- A criminal battery accom-panied by circumstances that make it more severe, such as the use of a deadly weapon or the fact that the battery resulted in serious bodily harm . In most state statutes, aggravated battery is classified as both a misdemeanor and a felony.

aggravated damages See punitive damages under DAMAGES.

aggravated kidnapping See KIDNAPPING.

aggravated kidnapping Kidnapping accompanied by some aggravating factor (such as a demand for ransom or injury of the victim).

aggravated larceny Larceny accompanied by some aggravating factor (as when the theft is from a person). Also termed compound larceny.

aggravated larceny See LARCENY.

aggravated misdemeanor See serious misdemeanor under MISDEMEANOR.

aggravated robbery Robbery committed by a person who either carries a dangerous weapon often called armed robbery or inflicts bodily harm on someone during the robbery. Some statutes also specify that a robbery is aggravated when the victim is a member of a protected class, such as children or the elderly.

aggravated robbery See ROBBERY.

aggravated sodomy Criminal sodomy that involves force or results in serious bodily injury to the victim in addition to mental injury and emotional distress. Some laws provide that sodomy involving a minor is automatically aggravated sodomy.

aggravated sodomy See SODOMY.

aggravating circumstance See CIRCUMSTANCE.

aggravating circumstance- 1. A fact or situation that increases the degree ofliability or culpability for a criminal act. 2. A fact or situation that relates to a criminal offense or defendant and that is considered by the court in imposing punishment (esp. a death sentence). Aggravating circumstances in deathpenalty cases are usu. prescribed by statute. For a list of aggravating circumstances in a capital-murder case, see Model Penal Code § 210.6(3). Also termed aggravating element; aggravating factor; aggravator. Cf. mitigating circumstance; MITIGATOR.

aggravating element See aggravating circumstance under CIRCUMSTANCE.

aggravating factor See aggravating circumstance under CIRCUMSTANCE.

aggravation 1. The fact of being increased in gravity or seriousness. 2. Eccles. law. A censure threatening the recipient with an increase in the penalties associated with excommunication, usu. because the recipent disregarded an earlier sentence . For example, a person who spurned a sentence of excommunication might be subjected to an anathema (a formal ban or curse). aggravate, vb.

aggravation rule Workers' compensation. The principle that when an on-the-job injury combines with a preexisting injury, resulting in a greater disability than that which would have resulted from the on-the-job injury alone, the entire disability is compensable as if it had occurred at work.

aggravator 1. One who commits a crime with an aggravating circumstance. 2. See aggravating circumstance under CIRCUMSTANCE. Cf. MITIGATOR.

aggregate (ag-ra-git), adj. Formed by combining into a Single whole or total <aggregate income>. aggregately, adv.

aggregate- (ag-ra-git), n. An assemblage of particulars; an agglomeration <aggregate of interests>.

aggregate concept An approach to taxing business organizations whereby an organization is viewed as a collection of its individual owners, not as a separate taxable entity.

aggregate corporation See CORPORATION.

aggregate demand See DEMAND (4).

aggregate demand- 1. The total amount spent on goods and services in an economy during a specific period. 2. The total demand for a firm's products and services during a specific period.

aggregate income See INCOME.

aggregate income- The combined income of a husband and wife who file a joint tax return.

aggregate sentence See SENTENCE.

aggregate sentence A sentence that arises from a conviction on multiple counts in an indictment.

aggregate supply See SUPPLY.

aggregate supply The total amount of goods and services generated in an economy during a specific period.

aggregate theory of partnership The theory that a partnership does not have a separate legal existence (as does a corporation), but rather is only the totality of the partners who compose it. Cf. ENTITY THEORY OF PARTNERSHIP.

aggregate. (ag-ra-gayt), vb. To collect into a whole <aggregate the claims>.

aggregatio mentium (ag-ra-gay-shee-oh men-shee-am). [Latin "gathering together of minds"]. See MEETING OF THE MINDS.

aggregation 1. A set ofparts that do not cooperate in structure or function, and are therefore unpatentable as an invention; the opposite of a combination. 2. Hist. A patent examiner's label for a claimed invention that mayor may not be a patentable combination but whose claims do not clearly explain how the parts cooperate to produce a new or unexpected result . As a term of art, aggregation lost its usefulness when it was replaced by a statutory test in § 103 of the Patent Act of 1952. Also termed juxtaposition. Cf. COMBINATION (4). "I think of a football team as a combination; one passes, one receives, another runs, and still others hold the line. Eleven men are dOing different things, each in his own way, and not always simultaneously; yet they are working to a common end, to advance the ball; and they coact as a unit. I think of a track team as an aggregation; one runs, another hurdles, another jumps, another throws. They all work for a common general end, to amass points for their alma mater; but there is lacking the vital spark of cooperation or coordination. They work, not as one unit, but as several." Skinner v. Oil, 54 F.2d 896, 898-99 (10th Or. 1931). 'The mere combining of old machine parts, each operating in the old way and accomplishing the old result, is an aggregation, and hence unpatentable; whereas, if a new result be produced by the joint action of the elements, and if such a result be not the mere adding together of the contributions of the separate elements, then there exists a patentable combination." Roger Sherman Hoar, Patent Tactics and the Law 38 (3d ed. 1950).

aggregation doctrine 1. The rule that precludes a party from totaling all claims for purposes of meeting the minimum amount necessary to give rise to federal diversity jurisdiction under the amount-in-controversy requirement. See diversity jurisdiction under JURISDICTION; AMOUNT IN CONTROVERSY. 2. Constitutional law. A rule that allows Congress, under its Commerce Clause powers, to regulate purely private acts, such as growing wheat for one's own consumption, if the consequences of many such acts, taken together, would have an effect on interstate commerce. See Wickard v. Filburn, 317 U.S. lll, 63 S.Ct. 82 (1942).

aggregation of claims Patents. In a patent application, an excessive number of claims that do not differ significantly in scope and are essentially duplicative . Although a patent applicant may claim an invention and its various features in a reasonable number of ways, each claim must differ materially from the others. Also termed multiplicity ofclaims; undue multiplicity of claims.

aggregation rejection Rejection of a patent claim on the ground that it is a list of unrelated elements that, taken together, do not assert a claim.

aggregation rejection See REJECTION.

aggression Int'l law. A grave breach of international law by a nation. The prohibition of aggression is a peremptory rule (jus cogens). Aggressors are guilty ofan international crime. But there is no generally accepted definition of what constitutes aggression despite many attempts over the years to devise one. In 1974, the United Nations General Assembly adopted a Resolution on the Definition of Aggression (Resolution 3314 (XXIX) of December 14, 1974). It defines aggression, in part, as "the use of armed force by a State against the sovereignty, territorial integrity, or political independence of another country, or in a manner inconsistent with the Charter of the United Nations ...." The definition does not extend to measures that, in certain circumstances, might constitute aggression, nor does it recognize exceptional circumstances that would make the enumerated acts defensive rather than offensive. The U.N. Security Council has never expressly relied on the resolution when determining whether a nation's acts constitute a "threat to the peace, breach of the peace, or act of aggression." See U.N. Charter art. 39, 59 Stat. 1031. The difficulty of finding a generally accepted definition of aggression is reflected in Article 5 ofthe Statute of the International Criminal Court (37 LL.M. 999). It confers jurisdiction on the Court over "the crime of aggression" but also requires the parties to the Statute to define the crime before the Court can exercise jurisdiction. "Although classical aggression has generally been thought to involve direct military operations by regular national forces under government control, today subjugation and control of peoples may well result from resort to nonmilitary methods. Economic pressures on the other states; demands couched in traditional diplomatic terms but laden with implied threats to compel action or inaction; fifth column activities;